Claim of Barnhill v. Henry Steers, Inc.

Appellate Division of the Supreme Court of New York

Claim of Barnhill v. Henry Steers, Inc.

263 A.D. 1034, 33 N.Y.S.2d 433, 1942 N.Y. App. Div. LEXIS 7967

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 1942

StatusPublished

This text of 263 A.D. 1034 (Claim of Barnhill v. Henry Steers, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Barnhill v. Henry Steers, Inc., 263 A.D. 1034, 33 N.Y.S.2d 433, 1942 N.Y. App. Div. LEXIS 7967 (N.Y. Ct. App. 1942).

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Opinion

Appeal from an award by the State Industrial Board pursuant to the provisions of the Workmen’s Compensation Law for death benefits in favor 'of the widow of deceased. The decedent, John Barnhill, was employed as a captain of a scow moored at a pier in Brooklyn. He met death by drowning. The employer and insurance carrier contend that his death was due solely to intoxication. There is no competent or conclusive proof to sustain this contention. The accident was unwitnessed and the Industrial Board found that decedent’s death arose out of and in the course of his employment. The evidence sustains such finding and the award should be affirmed, with costs to the State Industrial Board. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Sehenck and Foster, JJ.

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Appeal from an award by the State Industrial Board pursuant to the provisions of the Workmen’s Compensation Law for death benefits in favor 'of the widow of deceased. The decedent, John Barnhill, was employed as a captain of a scow moored at a pier in Brooklyn. He met death by drowning. The employer and insurance carrier contend that his death was due solely to intoxication. There is no competent or conclusive proof to sustain this contention. The accident was unwitnessed and the Industrial Board found that decedent’s death arose out of and in the course of his employment. The evidence sustains such finding and the award should be affirmed, with costs to the State Industrial Board. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Sehenck and Foster, JJ.

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Bluebook (online)

263 A.D. 1034, 33 N.Y.S.2d 433, 1942 N.Y. App. Div. LEXIS 7967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-barnhill-v-henry-steers-inc-nyappdiv-1942.